McClary v. State

Supreme Court of South Carolina
McClary v. State, 337 S.E.2d 218 (S.C. 1985)
287 S.C. 160; 1985 S.C. LEXIS 520
Finney

McClary v. State

Opinion

ORDER

This matter comes before the Court on a petition for a writ of certiorari after the denial of McClary’s petition for post-conviction relief. The petition is denied.

We take this opportunity to clarify our holding in State v. Woods, 282 S. C. 18, 316 S. E. (2d) 673 (1984). In Woods, we held that our decision in State v. Elmore, 279 S. C. 417, 308 S. E. (2d) 781 (1983), would be applied retroactively. Adopting the reasoning of Shea v. Louisiana, 470 U. S. _, 105 S. Ct. 1065, 84 L.Ed. (2d) 38 (1985), we now hold that Elmore’s retroactive effect will be limited to cases pending on direct appeal and will not apply to collateral attacks on criminal convictions.

Finney, J., not participating.

Reference

Full Case Name
Marion Joey McCLARY, Petitioner, v. the STATE, Respondent
Cited By
7 cases
Status
Published